Terms & Conditions
Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on 49er Communications Inc's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on 49er Communications Inc's web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by 49er Communications Inc at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on 49er Communications Inc's web site are provided "as is". 49er Communications Inc makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, 49er Communications Inc does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall 49er Communications Inc or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on 49er Communications Inc's Internet site, even if 49er Communications Inc or a 49er Communications Inc authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on 49er Communications Inc's web site could include technical, typographical, or photographic errors. 49er Communications Inc does not warrant that any of the materials on its web site are accurate, complete, or current. 49er Communications Inc may make changes to the materials contained on its web site at any time without notice. 49er Communications Inc does not, however, make any commitment to update the materials.
49er Communications Inc has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by 49er Communications Inc of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to 49er Communications Inc's web site shall be governed by the laws of the State of CALIFORNIA without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Terms of Sale
In most cases orders can be shipped immediately and there will be a one time charge for the entire purchase value. Accounts who are given credit by 49er Communications to be paid within 20 or 30 days are held to payment terms on their invoice, all past due invoices will be charged 1.50 monthly/18% annually. Minimum finance charge .50 cents - When you place an order for items that we do not stock, those items become a "Special Order". 49er Communications requires 100% of the order value to be charged at the time of purchase for such items.
Timing of Shipment
All orders are processed within 3 business days of placing the order. Priority orders are processed the same business day or the next business day if placed after Noon PST. Most priority orders will go out UPS the very same day if placed before noon Pacific Standard Time. Orders resulting in a back order will be shipped complete once the backordered item(s) are received into the 49er Communications, Inc. Warehouse, unless specified by the customer to ship partial and/or at the discretion of 49er Communications, Inc. Requests by the customer for partial shipment of a backordered order are subject to additional freight charges.
Because we attempt to keep our prices as low as possible for our customers cancellations of special order items (Items that are not stocked in the 49er Communications warehouse) that we place with manufacturers, will not be permitted once the order has shipped from the factory. This helps keep our costs lower because of a reduced need for item storage due to cancellations. In the event that your order has not shipped from the manufacturer and we are able to cancel the shipment, we may under special circumstances agree to let you cancel your order however there will be a 10% cancellation/processing fee deducted from any credit you receive. Customer agrees to be bound by these terms.
We will accept returns in the event you just do not like the item(s) when they arrive. Returns will be accepted only if you notify us within 30 days of your items being delivered and will not be accepted without a return number being issued before the item is shipped back. A refund equal to the price or your order less a 25% restocking fee and less the cost of all shipping charges incurred to get the items to you will be credited to your account. Further if you paid a discounted shipping rate, in some cases, through our web site and/or over the phone, you will be responsible for the actual shipping cost and not the discounted rate in the event of a return. Returns will only be accepted and credits issued if the order is in the same new condition with no damage and in the original undamaged packaging when it arrives back at our warehouse. If an order is refused by the customer upon shipment with no damage, you, the customer, will be charged the 25% restocking fee and all shipping costs we incur to get the items to and from your shipping address.
We strive to make certain that our online applications run smoothly and error free, but cannot guarantee that there will never be an error. In the event of an order containing an error including, but not limited to item pricing, shipping cost, and/or taxes we reserve the right to correct the error with the customers consent or cancel the order.
It is the responsibility of the customer to ensure the accuracy of any order before clicking the confirm order button. By accepting these "Terms of Sale" you are certifying that you have read the order confirmation page and agree that all prices, fees, taxes, and any applicable discounts have accurately applied to the order.
"Gov" pricing that you receive as a Government account from 49er Communications is pricing that has been reduced based upon your status as a Federal or State employee. You must have a government issued e-mail address in order to qualify for such pricing. This pricing is lower than published GSA prices in some cases and higher in others. We do not have a GSA contract or imply in any way that this reduction is GSA. We are an authorized GSA dealer for specific items and can discuss this pricing with you over the phone.
49er Communications, Inc. collects California Sales Tax from all customers with the exception of Federal or Tax Exempt entities: You (the purchaser) are liable for the additional percentage above and beyond the 7.5% California Sales Tax Rate if you live in an area where district taxes are required. For more information: https://www.boe.ca.gov/ads/news06.htm